Sec. 13. (a) Subject to subsection (b) and except as provided in subsection (c), benefits may not be awarded:
(1) if the victim sustained the injury as a result of participating or assisting in, or attempting to commit or committing a criminal act;
(2) if the injury occurred while the victim was a resident in a county, city, or federal jail or prison or in an institution operated by the department of correction;
(3) if the victim profited or would have profited from the criminal act;
(4) if, at the time the injury occurred, the victim was intoxicated and contributed to the commission of an unrelated felony; or
(5) to a claimant who contributed to the injury or death of the victim.
(b) If the victim is a dependent child or dependent parent of the person who commits a violent crime, compensation may be awarded where justice requires.
(c) Benefits may be awarded to a person described in subsection (a)(4) who is the victim of a sex crime under IC 35-42-4, a crime involving domestic or family violence (as defined in IC 35-31.5-2-76), or a crime of domestic violence (as defined in IC 35-31.5-2-78).
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.5; P.L.114-2012, SEC.11; P.L.98-2022, SEC.3.
Structure Indiana Code
Title 5. State and Local Administration
Chapter 6.1. Compensation for Victims of Violent Crimes
5-2-6.1-0.2. Application of Certain Amendments to Predecessor Statute
5-2-6.1-2.5. "Emergency Shelter Care"
5-2-6.1-5.7. Out-of-Pocket Loss
5-2-6.1-7.5. Victim of a Child Sex Crime
5-2-6.1-9. Violent Crime Compensation Unit
5-2-6.1-10. Duties of Division
5-2-6.1-11. Powers of Division
5-2-6.1-12. Persons Eligible for Assistance
5-2-6.1-15. Payment of Funeral, Burial, or Cremation Expenses of Victim
5-2-6.1-16. Applications for Assistance
5-2-6.1-17. Requirements for Compensation
5-2-6.1-18. Denial of Awards for Failure of Claimants to Cooperate With Law Enforcement Officials
5-2-6.1-19. Forfeit of Awards for Failure of Claimants to Cooperate With Law Enforcement Officials
5-2-6.1-20. Suspension of Reporting and Cooperation Requirements
5-2-6.1-21. Compensable Losses
5-2-6.1-21.1. Compensable Losses; Health Care Provider Compensation
5-2-6.1-22. Subrogation of Rights; Notice of Civil Actions
5-2-6.1-23. Liens on Civil Awards; Deductions; Limits
5-2-6.1-25. Review of Applications; Additional Information
5-2-6.1-31. Denial of Awards Without Opportunity for Hearing Prohibited
5-2-6.1-32. Reduction of Awards; Other Conditions
5-2-6.1-33. Refund of Award Overpayments
5-2-6.1-34. Denial of Awards Due to Victim's Contributory Conduct
5-2-6.1-35. Amount of Awards; Joint Payments
5-2-6.1-37.5. Contingency Fee at Hearing May Not Exceed 10%
5-2-6.1-38. Exemption of Awards From Process
5-2-6.1-39. Payment of Forensic Medical Exams and Additional Forensic Services
5-2-6.1-40. Compensation Fund; Establishment
5-2-6.1-41. Compensation Fund; Composition
5-2-6.1-42. Compensation Fund; Reversion of Money and Income
5-2-6.1-43. Computation and Payment of Awards
5-2-6.1-44. Suspension of Payments; Prorated Payments
5-2-6.1-45. Liability for Determinations
5-2-6.1-47. Forfeit of Awards for Forgery, Fraud, or Deception